[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[House]
[Pages H5042-H5043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JESSIE'S LAW
Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5009) to include information concerning a patient's opioid
addiction in certain medical records, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5009
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Jessie's Law''.
SEC. 2. INCLUSION OF OPIOID ADDICTION HISTORY IN PATIENT
RECORDS.
(a) Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with appropriate stakeholders,
including a patient with a history of opioid use disorder, an
expert in electronic health records, an expert in the
confidentiality of patient health information and records,
and a health care provider, shall identify or facilitate the
development of best practices regarding--
(A) the circumstances under which information that a
patient has provided to a health care provider regarding such
patient's history of opioid use disorder should, only at the
patient's request, be prominently displayed in the medical
records (including electronic health records) of such
patient;
(B) what constitutes the patient's request for the purpose
described in subparagraph (A); and
(C) the process and methods by which the information should
be so displayed.
(2) Dissemination.--The Secretary shall disseminate the
best practices developed under paragraph (1) to health care
providers and State agencies.
(b) Requirements.--In identifying or facilitating the
development of best practices under subsection (a), as
applicable, the Secretary, in consultation with appropriate
stakeholders, shall consider the following:
(1) The potential for addiction relapse or overdose,
including overdose death, when opioid medications are
prescribed to a patient recovering from opioid use disorder.
(2) The benefits of displaying information about a
patient's opioid use disorder history in a manner similar to
other potentially lethal medical concerns, including drug
allergies and contraindications.
(3) The importance of prominently displaying information
about a patient's opioid use disorder when a physician or
medical professional is prescribing medication, including
methods for avoiding alert fatigue in providers.
(4) The importance of a variety of appropriate medical
professionals, including physicians, nurses, and pharmacists,
to have access to information described in this section when
prescribing or dispensing opioid medication, consistent with
Federal and State laws and regulations.
(5) The importance of protecting patient privacy, including
the requirements related to consent for disclosure of
substance use disorder information under all applicable laws
and regulations.
(6) All applicable Federal and State laws and regulations.
SEC. 3. COMMUNICATION WITH FAMILIES DURING EMERGENCIES.
(a) Promoting Awareness of Authorized Disclosures During
Emergencies.--The Secretary of Health and Human Services,
acting through the Administrator of the Centers for Medicare
& Medicaid Services and the Administrator of the Health
Resources and Services Administration, shall annually develop
and disseminate written materials (electronically or by other
means) to health care providers regarding permitted
disclosures under Federal health care privacy law during
emergencies, including overdoses, of certain health
information to families, caregivers, and health care
providers.
(b) Use of Material.--For the purposes of carrying out
subsection (a), the Secretary of Health and Human Services
may use material produced under section 11004 of the 21st
Century Cures Act (42 U.S.C. 1320d-2 note).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to express my strong support for H.R. 5009.
This is known as Jessie's Law, and it is written in memory of Michigan
resident Jessie Grubb, who tragically died of an opioid overdose in
2016.
This legislation will help ensure medical professionals have access
to a consenting patient's complete health information when making
treatment decisions. This is critical to ensure that mistakes, such as
the one that tragically happened to Jessie Grubb, never ever, ever
happen again.
This bill also incorporates the language of H.R. 5695, known as
Emmett's Law, which would require the Department of Health and Human
Services to develop best practices for healthcare providers on
permitted disclosures of medical records during emergencies with
families, caregivers, and other healthcare providers.
I thank my colleagues from Michigan, Representatives Tim Walberg and
Debbie Dingell, for leading this important initiative, along with the
collaboration and support of Representatives Evan Jenkins, Carol Shea-
Porter, Tom MacArthur, Vicky Hartzler, Bob Latta, and David McKinley.
They have all put a lot of time and effort into this to solve a problem
many of us have encountered in our States and our districts.
Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr.
Walberg), an author of this incredibly important piece of legislation.
Mr. WALBERG. Mr. Speaker, I thank the chairman for yielding, and I
thank Congresswoman Debbie Dingell for working with me on this
bipartisan legislation.
Mr. Speaker, I rise in support of H.R. 5009, Jessie's Law.
Everywhere I go in Michigan, I hear about the opioid crisis. It truly
is the crisis next door. For many of our friends and loved ones, the
terrifying realities of addiction are difficult to escape.
The story behind Jessie's Law is a tragic one. The bill is named in
memory of Jessie Grubb, a young woman living in Michigan at the time
she died of an opioid overdose. Jessie was training for a marathon when
a running injury required her to undergo surgery.
Before the procedure, Jessie and her parents informed the hospital
that she was in recovery from addiction; however, that information
never made it to her discharging physician. Jessie was unknowingly
discharged from the hospital with a prescription for oxycodone, which
ultimately led to her death. If Jessie's history of addiction had been
noted on her chart in a manner similar to other potentially lethal
medical concerns, like a drug allergy, Jessie might still be here
today.
Jessie's tragic story was entirely preventable and is an example of
why we need commonsense legislation like Jessie's Law.
Jessie's Law will require the Department of Health and Human Services
to establish best practices for hospitals and physicians for sharing
information about a patient's past opioid addiction when that
information is willingly shared by the patients with their doctor. By
ensuring medical professionals are equipped with the right processes
and tools to safely treat their patients, we can prevent future
overdose tragedies like Jessie's.
Mr. Speaker, the opioid crisis is devastating the dreams of a
generation. Let's pass Jessie's Law today and help save lives in our
communities.
{time} 1530
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5009.
Mr. Speaker, I support H.R. 5009.
As we know, opioid use a disorder is a medical condition that
requires lifelong management. Even if someone has completed treatment
successfully and is in long-term recovery, the risk of relapse remains.
[[Page H5043]]
A patient recovering from opioid use disorder may visit a healthcare
provider or require medical interventions that typically result in the
need to treat pain.
However, for those affected with opioid use disorder, a prescription
of an opioid medication could cause individuals to relapse into misuse
and lead to an overdose or even death.
H.R. 5009, Jessie's Law, is bipartisan legislation introduced by Rep.
Walberg (R-MI) and Rep. Dingell (D-MI) that would require the
Department of Health and Human Services (HHS) to convene appropriate
stakeholders and develop best practices for displaying opioid use
disorder history prominently on a patient's medical records, whenever
requested by a patient.
This legislation would enable patients suffering from opioid use
disorder to choose to share their history with opioids with healthcare
providers and have that information prominently displayed in their
medical record--allowing for better informed, safer pain management
care.
This legislation would also require HHS to annually develop and
disseminate written materials to health care providers regarding
permitted disclosures of certain information to families, caregivers,
and health care providers under Federal health care privacy laws during
emergencies.
This will improve the awareness of providers of instances in which
they may share information about a patient's overdose with their
family.
I urge my colleagues to support this legislation.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Michigan (Mrs. Dingell), one of the sponsors, Mrs. Dingell.
Mrs. DINGELL. Mr. Speaker, I thank Ranking Member Pallone for
yielding to me, and I again want to thank Chairman Walden for bringing
this bill to the floor.
Mr. Speaker, I rise in support of H.R. 5009, Jessie's Law, and I am
very proud of the work that I have done with my colleague, Tim Walberg,
from Michigan. In Michigan, we are really trying to address this
problem together.
This story is personal to me, as it is to Congressman Walberg and my
colleagues who have gotten to know Jessie's story. It has been a moving
experience to be part of a process to pass this legislation in her
honor.
In March 2016, we lost a brave, young woman named Jessie Grubb. She
was a great student, a loving daughter, a sister, and an avid runner.
She was, as has been noted, recovering from an opioid addiction issue.
She moved to Michigan hoping for a reset and a better future.
When she had surgery for an infection related to a running injury,
her parents came to take care of her and made it clear to the doctors
at the hospital that she was a recovering addict and should not be
prescribed opioids. As you have heard, she was discharged from the
hospital with 50 oxycodone pills. Very soon after, she suffered from a
fatal overdose.
The story of Jessie breaks your heart, mostly because this death was
preventable. We must ensure that doctors are notified when a patient
has consented to sharing information related to an addiction.
Jessie's Law would require that the U.S. Department of Health and
Human Services establish best practices for ensuring that medical
professionals have full knowledge of their patient's opioid addiction
if that patient gives consent.
This is absolutely essential. If a patient has given their consent
that their history of substance abuse can be part of their medical
record, then it should be displayed prominently. We don't know all of
the facts of this case, but we do know that Jessie's parents did tell
her doctor that she had a history of substance abuse, and yet they were
prescribed anyway. We can't have this kind of information lost in the
jumble of a medical record. If a patient consents, it needs to be
prominently displayed.
Our legislation convenes a panel of stakeholders to make
recommendations as to how to best achieve this change, including a
patient with a history of opioid use disorder, an expert in electronic
health records, an expert in the confidentiality of patient health
information and records, and a healthcare provider.
Jessie's death was 100 percent preventable. And today, the House of
Representatives is sending a strong message that her loss was not in
vain and that no other family should ever have to go through what the
Grubb family has gone through. This story is a real tragedy. Hopefully,
passing Jessie's Law will bring hope to the Grubbs and others
throughout this country.
This legislation represents a commonsense step that deserves our
support, and I urge my colleagues to support Jessie's Law.
Mr. WALDEN. Mr. Speaker, I have no further speakers. I encourage my
colleagues to support this legislation. I thank the Members from
Michigan who brought it to our attention, and worked with the full
Energy and Commerce Committee in bringing it to your disposal here on
the floor.
Mr. Speaker, I urge passage, and I yield back the balance of my time.
Mr. PALLONE. Mr. Speaker, I also urge my colleagues to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Rogers of Kentucky). The question is on
the motion offered by the gentleman from Oregon (Mr. Walden) that the
House suspend the rules and pass the bill, H.R. 5009, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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